Massachusetts Child Support Modification
Created by FindLaw's team of legal writers and editors | Last reviewed December 27, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Providing financial support for minor children is the responsibility of both parents. For parents paying child support in Massachusetts, the child support order is determined by calculations based on income, the parenting time schedule, the number of children involved, and any allowable deductions.
The court uses these figures with the state guidelines to calculate the child support amount that the parent owes. This amount is presumed to be correct and this presumption can only be overcome if a parent is able to show that applying the standards would be inappropriate or unjust.
Although the initial child support order might be appropriate because it reflects the parents' present situation, sometimes a child support order should be updated. For instance, you change jobs and your income changes. The court will acknowledge these changes and will generally allow the order to be altered under specific circumstances. However, you can't just stop paying support when a situation arises: You must initiate the appropriate child support modification proceedings.
Massachusetts Child Support Modification at a Glance
Reading and comprehending lengthy statues is a challenging task. Consulting with an attorney can help you better understand what the law says and, more importantly, how it applies to you. However, it never hurts to start your journey with a plain language overview of the law. For a helpful overview of Massachusetts child support modification laws, see the chart below.
Statutes |
Massachusetts General Laws: |
Reasons Used to Modify Child Support
|
Material and Substantial Change in Circumstances Standard The parent must show a "material and substantial change in circumstances" to modify a child support order. Massachusetts courts have decided that the following reasons meet the requirement:
Inconsistency Standard A child support order can be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines. |
Modification Process: Parents Agree |
|
Modification Process: Parents Disagree |
If only one parent wants to change the support order, the modification process will depend on whether the Department of Revenue is involved in the child support arrangement. If the Dept. of Revenue is involved:
If the Dept. of Revenue is not involved:
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Massachusetts Child Support Modification: Related Resources
- Massachusetts Family Laws
- Massachusetts Child Custody Laws
- Massachusetts Child Support Calculations
- Child Support Modification Tips
Contact a Massachusetts Attorney for Help with Child Support Modification
Obviously, you want to ensure that your child gets the child support that they're entitled to, but any child support order needs to reflect the parents' current financial situation. Legal professionals are available to help with these issues. Contact a child support attorney near you to discuss your child support issues.
Was this helpful?
Next Steps: Search for a Local Attorney
Contact a qualified attorney.